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WAKE BAR FLYER • MAY/JUNE 2013 PAGE 1 Upcoming Events PREVIEW OF JUSTICE CENTER May 22 All members of the Tenth Judicial District Bar and the WCBA are invited to join us to preview the new Justice Center before its official July 1 ribbon cutting. WCBA LUNCHEON June 4 Fourth Circuit Court Judge Allyson K. Duncan will be joining us as our speaker. Inside this Issue... 2 • YLD SUMMER CLERK PROGRAM 3 • ATTORNEYS AS STORYTELLERS 3 • UPCOMING BREAKFAST DISCUSSIONS 4 • A WINDOW INTO THEIR TIMES 5 • WE’RE GETTING BARCARES HELP 5 • YLD NEWS 6 • SWEARING-IN CEREMONY 7 • SUMMER CLERK REGISTRATION FORM 8 • WELCOME NEW WCBA MEMBERS 9 • FOUR WAYS TO AVOID THE FATE OF KODAK 10 • LUNCH WITH A LAWYER PROGRAM 11 • BASKETBALL LEAGUE RESULTS 12 • RULE OF LAW PROGRAM 13 • BRANCH PROFESSIONALISM AWARD FORM XXXIX No. 3 MAY/JUNE 2013 ATTORNEYS AS STORYTELLERS Fiction writers Heather Newton and Jon Buchan Share Their Journey • PAGE 3 WAKE BAR FLYER MESSAGE FROM THE PRESIDENT: THOMAS H. DAVIS, JR. FOR MANY OF US, there will be a once-in-a-pro- fessional-lifetime event this summer: the opening of the new Wake County Courthouse. Prior to the official opening of our facility, all members of the Tenth Judicial District Bar will have the opportunity to participate in a special luncheon and tour of this beautiful building. We will gather for an aſternoon of celebration May 22. I be- lieve when you have inspected our new venue, you will be as excited and impressed as I am. e place of the courthouse in American society is unique. If you travel in Europe, you will see many cities and towns anchored by public squares dominated by ei- ther a cathedral or a city hall. By contrast, in the United States the core of any state capital or county seat is the courthouse square. Traditionally, courthouses have been the cornerstone of the community, a source of local pride for their beauty as well as the center of social life and political activity. Former U.S. Supreme Court Justice Louis F. Powell, Jr. once wrote: “public buildings oſten accurately reflect the belief, priorities, and aspirations of the people…. For much of our history, the courthouse has not served as just a local center of the law and government, but as a meeting ground, cultural hub, and social gathering place.” In recent decades, the design of courthouses has been influenced by special- ization of use and increased security requirements. ese concerns resulted in a design shiſt, creating courthouses which are more foreboding and monumental as opposed to welcoming and public. Professor Judith Resnik of Yale Law School has said the diminution of the courthouse’s community role is simply indicative of a larger trend, the widening disconnect between the judicial system and public life. According to Ms. Resnik, today’s justice system is undergoing a paradoxical shiſt. On one hand, Americans are more litigious than ever as evidenced by the number of litigants and the size and complexity of cases filed each year. At the same time, however, public trials are vanishing. ey have been pushed aside to allow disputes to be heard in alternative forums. is paradox has created prob- lems for the development and use of court spaces. Our new courthouse has successfully addresses the problems inherent in modern courthouses. I believe our building will become a true civic destination. It will engage and respond to the visitor’s needs as well as benefit the legal profes- sion and county officials. Our courthouse will serve the public through the con- cept of multi-use. e building’s design welcomes those who seek administrative assistance from the Clerk of Court or Register of Deeds, who seek interaction with the county commissioners, or who need access to the courts themselves. Wake County’s courthouse facility is forward-looking with its LEED Certifica- tion. At the same time, it allows for the rediscovery of the building’s traditional role as the core of local community activities. is is a building which will be the Visit our new website: www.wakecountybar.org 919.677.9903 phone 919.657.1564 fax CONTINUED ON PAGE 2 Davis
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Page 1: May-June 2013 Bar Flyer

Wake bar flyer • may/june 2013 page 1

Upcoming Events

preview of Justice center • May 22All members of the Tenth Judicial District Bar and the WCBA are invited to join us to preview the new Justice Center before its official July 1 ribbon cutting.

wcBa luncheon • June 4Fourth Circuit Court Judge Allyson K. Duncan will be joining us as our speaker.

Inside this Issue...2 • YlD suMMer clerk prograM

3 • attorneYs as storYtellers

3 • upcoMing Breakfast Discussions

4 • a winDow into their tiMes

5 • we’re getting Barcares help

5 • YlD news

6 • swearing-in cereMonY

7 • suMMer clerk registration forM

8 • welcoMe new wcBa MeMBers

9 • four waYs to avoiD the fate of koDak

10 • lunch with a lawYer prograM

11 • BasketBall league results

12 • rule of law prograM

13 • Branch professionalisM awarD forM

xxxix no. 3 • MAy/jUnE 2013

AttornEys As storytEllErsfiction writers heather newton and Jon

Buchan share their Journey • pAgE 3wake Bar flyEr

MEssAgE froM thE prEsIdEnt:thoMas h. Davis, Jr.

for ManY of us, there will be a once-in-a-pro-fessional-lifetime event this summer: the opening of the new Wake County Courthouse. Prior to the official opening of our facility, all members of the Tenth Judicial District Bar will have the opportunity to participate in a special luncheon and tour of this beautiful building. We will gather for an afternoon of celebration May 22. I be-lieve when you have inspected our new venue, you will be as excited and impressed as I am.

The place of the courthouse in American society is unique. If you travel in Europe, you will see many cities and towns anchored by public squares dominated by ei-

ther a cathedral or a city hall. By contrast, in the United States the core of any state capital or county seat is the courthouse square. Traditionally, courthouses have been the cornerstone of the community, a source of local pride for their beauty as well as the center of social life and political activity. Former U.S. Supreme Court Justice Louis F. Powell, Jr. once wrote: “public buildings often accurately reflect the belief, priorities, and aspirations of the people…. For much of our history, the courthouse has not served as just a local center of the law and government, but as a meeting ground, cultural hub, and social gathering place.”

In recent decades, the design of courthouses has been influenced by special-ization of use and increased security requirements. These concerns resulted in a design shift, creating courthouses which are more foreboding and monumental as opposed to welcoming and public. Professor Judith Resnik of Yale Law School has said the diminution of the courthouse’s community role is simply indicative of a larger trend, the widening disconnect between the judicial system and public life. According to Ms. Resnik, today’s justice system is undergoing a paradoxical shift. On one hand, Americans are more litigious than ever as evidenced by the number of litigants and the size and complexity of cases filed each year. At the same time, however, public trials are vanishing. They have been pushed aside to allow disputes to be heard in alternative forums. This paradox has created prob-lems for the development and use of court spaces.

Our new courthouse has successfully addresses the problems inherent in modern courthouses. I believe our building will become a true civic destination. It will engage and respond to the visitor’s needs as well as benefit the legal profes-sion and county officials. Our courthouse will serve the public through the con-cept of multi-use. The building’s design welcomes those who seek administrative assistance from the Clerk of Court or Register of Deeds, who seek interaction with the county commissioners, or who need access to the courts themselves. Wake County’s courthouse facility is forward-looking with its LEED Certifica-tion. At the same time, it allows for the rediscovery of the building’s traditional role as the core of local community activities. This is a building which will be the

Visit our new website:www.wakecountybar.org

919.677.9903 phone919.657.1564 faxcontinueD on page 2

davis

Page 2: May-June 2013 Bar Flyer

Wake bar flyer • may/june 2013 page 2

wake Bar flyErxxxix no. 3 • MAy/jUnE 2013

president, wake county Bar associationthomas h. Davis, jr.

president-elect m. gray styers, jr.

secretaryjennifer a. morgan

treasurerDeborah hilDebran-bachofen

immediate past president, tenth Judicial District Bar theoDore b. smyth

immediate past president, wake county Bar assoc.theoDore c. eDwarDs ii

Board of Directorscarmen h. bannonP. collins barwick iiiheiDi c. bloom maDison (matt) e. bullarD, jr. ashley h. camPbelljuDge eric c. chassejuDge lori g. christianmichelle s. cofielD howarD j. cummings Dean b. keith faulkner nancy l. grace Daniel s. johnson thomas c. kilPatrick mark a. la mantiae. harDy lewis Damion l. mccullersstaci t. meyer william w. Plyler stePhanie gaston Poleytheresa rosenbergPaul a. suhr thomas c. worth, jr.

Young lawyers Divisioncharles hunt

aBa Delegatejohn i. mabe

executive Directorwhitney von haam

wake Bar flyer editorlucy austin

tenth Judicial District Bar councilorsnicholas j. (nick) DombalistheoDore c. eDwarDs iijohn n. (nick) fountain DaviD w. longDonna r. rascoe sally h. schererjohn m. silversteincynthia (cinDy) l. wittmer

© 2013 Wake County Bar Association & Tenth Judicial District Bar.

nExt BAr flyEr dEAdlInE: jUnE 15, 2013

source of civic pride and public use. It is important to thank those individuals who have been responsible for

the concept and realization of our new facility. There are too many people to name in this column, but the County Commissioners need to be singled out for praise. At a time of economic difficulty, the Commissioners acted with great foresight. They pushed for the construction of this important building to the financial benefit of the county’s citizens. This enormous construction project has been completed on time and under budget at a savings of millions of dollars to local taxpayers.

Special thanks are also due to the courthouse’s midwife, Judge Robert B. Rader, Chief District Court Judge. It is not too much of an exaggeration to say our new courthouse is Judge Rader’s child. Judge Rader has been instrumental in shepherding this project to a successful conclusion. He has also worked tire-lessly with Judge Sidney Eagles and former bar president Nan Hannah to plan the luncheon celebration and facility tour members of the Tenth Judicial District will enjoy on May 22. I encourage all members of the Tenth Judicial District Bar and the Wake County Bar Association to participate in this historic celebration. Take a stroll through the new courthouse. While you are there, reflect on our splendid facility as a metaphor for our system of justice. wBf

Message from the president, continued

A trAdItIon of sUMMErYlD suMMer clerk orientation prograM June 6

the YlD is pleaseD to continue the tradition of providing Wake County’s summer clerks with a true insider’s view into our local legal community on Thursday, June 6 at the NC Museum of History. Outstanding speakers from vari-ous aspects of the profession are slated to speak on topics of interest to our sum-mer clerks! The program will begin with registration starting at 12:45 p.m. and is provided by YLD free of charge but courtroom attire is suggested. Advance reg-istration is required and can be done either on the WCBA’s website: go to www.wakecountybar.org, and click on the June 6 calendar item. Or fill out and return the form available in this issue of the “Bar Flyer” on page seven. wBf

$995 offIcE or sUItE ItB on glEnwood AvEnUE

Two-room suite in a recently renovated professional office

building in Five Points (potentially furnished). Owner and other ten-

ants are established small law firms. Shared conference and meeting

space, phone and internet included in rent. Great space for solo at-

torney and admin. Ample parking, walk to restaurants, post office and

banks, convenient to anywhere you want to be in Raleigh.

Please call Cooper at (919)247-8214.

Page 3: May-June 2013 Bar Flyer

Wake bar flyer • may/june 2013 page 3

AttornEys As storytEllErs: hEAthEr nEwton And jon BUchAnBY lucY austin, Bar flYer eDitor

attorneYs heather newton, author of “Under the Mercy Trees,” and Jon Buchan, a past president of the Mecklenburg Bar Association and author of “Code of the Forest,” shared at the March WCBA meeting about their paths to becoming award-winning novelists.

Newton said that she has always been a writer. Her mother was an author of children’s books, and New-ton had that same love for reading and writing. As inspiration for her books, she said, “I liked reading ghost stories, so I decided I would write a ghost story.” “Under the Mercy Trees” is “about a man forced to face his troubled past when he returns to his small hometown in the moun-tains of North Carolina after the dis-appearance of his brother.” The novel involves no attorneys or legal matters, and Newton said she purposefully does not do legal writing and fiction writing in the same day. Oth-erwise, she said, “I end up putting footnotes in my fiction writing.”

Buchan’s “Code of the Forest,” on the other hand, draws on Bu-chan’s knowledge of the inner workings of the legal world. The novel takes place in “courtrooms, newsrooms and political backrooms of the South Carolina Lowcountry in [a] tale of corruption and quest for human connection.” Buchan was a reporter just out of college and was assigned to the Legislature. Buchan said it was “like being assigned to cover the circus every day.” His family got tired of him telling stories over and over again, so he decided to pull together the

stories, characters and themes into his first novel. Persistence was a theme of the discussion, as both authors took

nearly a decade to see their book from inception to print. Newton said she had more than 20 years’ worth of rejection letters from vari-

ous writings. She spent more than two and a half years looking for an agent to help her sell “Under the Mercy Trees.” Newton said that after receiving a number of form rejec-tion letters from agents, she decided to send out a batch of letters on her attorney stationary. What was the re-sult? “I got personalized rejections,” Newton said. Eventually, though, she found the right agent, and her book was published by HarperCollins.

Both authors emphasized that their background in law impacted their writing. Buchan’s first chapter, “Ducks in the Freezer,” was an old

story he had heard. “Almost every lawyer I know has a story,” said Buchan. “And they are not necessarily about law.” Although New-ton’s novel is not about lawyers, she acknowledged the important role her legal career played in her writing. “The practice of law gives us a window into other people’s lives that we would not otherwise have,” Newton said.

Buchan said that it’s important to write down stories, whether it’s in a novel, short story, or even a letter to your children or grandchil-dren. “I urge you to write down your story somewhere so someone can share it,” Buchan said. wBf

raising our bar is a new service of the Tenth Judicial District Bar that enables members and their staff to join a distribution list for helping our community in times of need with non-monetary aid. If interested, send an email to the address below and you will be added to the distribution list.

[email protected]

UpcoMIng BrEAkfAst dIscUssIonsJune: Serving on Non-Profit Boards July: No Breakfast DiscussionAugust: New Technology in the Law Firm

Breakfast Discussions are one-hour long programs that begin at 7:30 a.m. and are held at Campbell Law, 225 Hillsborough Street, Raleigh.

Page 4: May-June 2013 Bar Flyer

Wake bar flyer • may/june 2013 page 4

one of the leaDers and most distinguished members of the antebellum Wake County Bar was George E. Badger, 1795-1866, whose law office (shared with James Iredell, Jr.) still stands today in Mor-decai Historic Park.

A famous trial attorney and judge, he also argued 790 cases to the North Carolina Supreme Court and 50 cases before the United States Supreme Court. Politically active and trusted, Badger held a number of government posts, in-cluding Secretary of the Navy under Presidents Harrison and Ty-ler. One of the leaders of the Whig Party in North Carolina, he was elected to the U. S. Senate in 1846 and served until 1855. President Fillmore nominated him in 1853 to a seat on the U. S. Supreme Court, and one might have thought his outstanding record as a lawyer and

judge would have brought speedy confirma-tion. However, his nomination was strongly opposed by the Democrats, especially South-ern, pro-slavery Democrats, because of Bad-ger’s views on a strong federal government and slavery. In the end, his nomination was defeated by a vote of 26 to 25. After his Sen-ate service ended in 1855 with the demise of the old Whig Party, Badger did not hold another prominent position in government. Had he been confirmed to the U. S. Supreme Court in 1853, he would probably have heard and ruled upon the Dred Scott Case of 1857, one of the most controversial Supreme Court

decisions of the nineteenth century and a case which might have ben-efitted from Badger’s sound legal mind, personal independence and courage. We are led to ask, what if? wBf (Source: http://www.lib.unc.edu/blogs/ncm/index.php/2005/10/31/george-badger/ )

A wIndow Into thEIr tIMEshistorical notes for the wake countY Bar

joIn thE tEnth jUdIcIAl dIstrIct BAr

As wE cElEBrAtE thE opEnIng of

thE nEw

Wake County Justice CenterwEdnEsdAy, MAy 22, 2013

lUnch wIll BE sErvEd froM 12:30 - 2 p.M.

toUrs wIll BE provIdEd froM 12:30 - 4 p.M.

please sign up at our website at www.wakecountybar.org.

Page 5: May-June 2013 Bar Flyer

Wake bar flyer • may/june 2013 page 5

i write this article the morning after the Boston Marathon at-tack. At this time, three people have died and more than a hundred have been injured, some critically. Our country and the world focus on events such as yesterday’s horrific day in Boston. For the survi-vors, it will be a life-changing event.

But, there is other pain that occurs with more frequency than terrorist attacks, and may result in more but different devastation. It is the pain of personal problems that, left untreated, can wreck relationships with family, friends and co-workers. Fortunately, our BarCARES program has help for personal problems, and the statis-tics show that our members are taking advantage of this wonderful program.

Consider this. Last year, 138 Wake County lawyers received counseling by our partner, HRC Behavioral Health & Psychiatry, PA. This was an increase of 7 over the prior year, and reflects a steady increase over the past decade. In 2001, only 44 members sought help through HRC.

Throughout the years, a significant percentage of users have pre-viously received counseling through BarCARES. Many of these law-yers take advantage of their three free visits during the first quarter. Last year, almost half of the lawyers seeking help were repeat users. This isn’t a bad thing. In fact, what it suggests is that the services are deemed helpful, and our members come back.

The statistics also show that:• 93% of the users are attorneys (WCBA family members

are also eligible)• 58% of the users are male• Most report “personal difficulties” or “relationship dif-

ficulties.”• Almost a third report “work-related difficulties” includ-

ing work stress.At our last Lawyers Support Committee meeting, at least two

lawyers present acknowledged how much help they received from HRC. Counseling is no longer something to be ashamed of or a sign of weakness. But even if you feel that way, know that BarCARES is first, foremost and always confidential. HRC even has an office in Chapel Hill.

Bad things happen to good people, and sad things happen to good people. Regardless of the cause of personal, relationship or work-related difficulties, your bar offers three free visits a year at which a trained professional can help you sort through your prob-lems. Visit HRC’s website (www.hrc-pa.com), and call the Bar-CARES number (1-800-640-0735). It’s confidential. It’s free. It will help you feel better. wBf

wE’rE gEttIng hElp throUgh BArcArEsBY Bettie k. sousa, sMith DeBnaM anD lawYers support coMMittee

yld nEws2013 yld offIcErspresiDent: charles hunt

vice presiDent/secretarY: kathleen putiritreasurer: JaMes hash

hEAlIng plAcE sEMInArsThe YLD’s Poverty Issues Committee provides legal seminars

on landlord/tenant, criminal and family law at The Healing Place, a shelter that provides a detoxification and rehabilita-tion program for homeless men. This year’s seminars have

been scheduled, and we are looking for volunteers to help on the dates below. In particular, we need traffic, criminal defense

and tax expertise. All seminars are scheduled on Tuesdays from 4-5 p.m. at the Healing Place’s location, 1251 Goode Street, Raleigh (dates may have changed, so please update

your calendars):JulY 30

octoBer 22DeceMBer 10

If you are able to provide assistance on any of the above dates, please let committee chair Meredith Cross ([email protected]) know, specifying your area of expertise and date(s) available.

socIAlJune 6 – YLD social @ Tyler’s Tap Room, 5:30pm, following

the Summer Clerk Orientation.

wcBA MEMBEr nEwsin april, attorneYs Jack hall anD Brook north were involved in the Raleigh Little Theatre presentation of The Importance of Being Earnest. Director Jack Hall is a longtime RLT veteran who was previously seen in Theatre in the Park’s production of Cat on a Hot Tin Roof, playing the role of Big Daddy to rave reviews. Hall was chair of the Department of Drama at the University of Baltimore and has practiced law for nearly 40 years.

In The Importance of Being Earnest, he directed another at-torney, Brook North, in the role of Jack. Brook was formerly in-house counsel with the Sci-Fi Channel and Forbes Maga-zine and now is in private practice in the Triangle, serving the creative community. wBf

BarCARESA program ready to help you and your immediate family.

919.929.1227 or 1.800.640.0735

Page 6: May-June 2013 Bar Flyer

Wake bar flyer • may/june 2013 page 6

on tuesDaY, april 30, the Tenth Judicial District Bar and the Wake County Bar Association sponsored a ceremonial session of the Superior Court for Wake County. In this session, held in the James K. Dorsett Auditorium of the NC Bar Center, the Court was opened and called to order so that the Honorable Paul Ridgeway could hear motions for the admission and subsequent swearing-in of individuals who passed the February Bar examination. These 30 individuals are now fully and duly licensed to practice law in the courts of the State of North Carolina.

David W. Long, the recipient of the 2012 Jo-seph Branch Professional-ism Award from the Wake County Bar Association, addressed the new attor-neys with his thoughts on the meaning of profes-sionalism. He harkened back to the early days of the Wake County Bar As-sociation when the mem-bership was so small, that every lawyer knew each other. As a result, profes-sionalism was second nature. Civility reigned and a law-yer's word was his bond.

Over the years, as the number of attorneys in-creased in Wake County, professionalism declined. Attorneys, who previ-ously extended courtesies to opposing counsel on no more than a handshake, were now manipulating the rules to feed their cli-ent's animosity toward their adversary.

Rather than accept this turn of events, the Wake County Bar Associ-ation and the Tenth Judi-cial District Bar founded a joint committee dedi-cated to improving pro-fessionalism among the members of the bar. Their efforts were so successful that they were recognized

by the American Bar Association. In the meantime in 1998, the State Bar established the Chief Justice's Committee on Professionalism, dedicated to enhancing professionalism between North Carolina lawyers.

Long provided numerous real life examples of lawyers treating each other badly. He reminded the newly admitted attorneys that the attorney has the sole discretion as to whether to accommodate an opposing counsel. He encouraged them to embrace profession-

alism and treat their colleagues with respect. He reiterated that an attor-ney's word should be his or her bond.

A reception followed the cer-emony hosted by the Swearing-in Ceremony Committee of the Wake County Bar Association. Members of the Wake County Young Lawyers Division helped with the festivities and were available for new lawyers who did not have a personal sponsor.

The Swearing-in Ceremony Committee wishes to extend its heartfelt appreciation not only to Judge Paul Ridgeway, but also to Tom Davis, President of the Wake County

Bar Association and the Tenth Judicial District Bar for his welcoming remarks. We are fortunate to have the dedication

of the WCBA staff whose part is sig-nificant in making this event a suc-cess each year. Please thank Whitney von Haam, Stephanie McGee, Shaula Brannan and Colleen Glatfelter as well as Kristen Fetter, the Trial Ad-ministrator of the Superior Court of Wake County.

A special thank you also goes to all of the members of the Swearing-in Ceremony Committee for their help in organizing this event, Chris-tina McAlpin Taylor and Lauren V. Reeves, co-chairs, Lisa LeFante, event coordinator and Allen Thomas, YLD sponsor coordinator for their invalu-able assistance. Finally, thank you to North Carolina Bar Association and Executive Director Allan Head for the use of their facilities as well as to Assistant Executive Director David

Bohm, for his personal efforts to en-sure the success of the event. wBf

tEnth jUdIcIAl dIstrIct BAr wElcoMEs AnothEr 30 lAwyErs At swEArIng-In cErEMonyBY lisa lefante, swearing-in coMMittee event chair

from left, event coordinator lisa lefante, treasurer Debbie hildebran-Bachofen, president tom Davis and swearing-in committee co-chairs, christina Mcalpin taylor and lauren reeves pause for a photo following a great ceremony.

four of the newest members of the tenth Judicial District Bar flash smiles following a great swearing-in ceremony at the nc Bar center in cary.

Page 7: May-June 2013 Bar Flyer

Wake bar flyer • may/june 2013 page 7

2013 wake county Bar association – Young lawyers Division sUMMEr clErks progrAM rEgIstrAtIon forM

online form also available on our website at www.wakecountybar.org*please fax, mail or reply online by May 24, 2013*

Law Firm / Agency Name: _______________________________________________________________________

Contact Name & Title:___________________________________________________________________________

Contact Email:________________________________ Contact Phone: __________________________________

clerk name(add additional names, if necessary) clerk email or Phone june 6

seminar onlyfull summer

ylD*

1.2.3.4.5.6.7.

sUMMEr clErk orIEntAtIon progrAMthursday, June 6, 2013 | 1 p.m. – 5 pm.north carolina Museum of history auditorium (5 e. edenton street)The YLD is pleased to continue the tradition of providing Wake County’s summer clerks with a true insider’s view into our local legal community. Outstanding speakers from various aspects of the profession are slated to speak on topics of interest to our summer clerks! The program will begin after lunch (on your own) with registration starting at 12:45 p.m. This program is provided by YLD free of charge but courtroom attire is suggested and advance registration is required. For additional details, please contact Ashleigh Black ([email protected]).

fUll sUMMEr yld The YLD offers additional opportunities for the area’s summer clerks to meet their fellow clerks as well as attorneys and other members of the legal community at a nominal cost* per clerk. This includes access to four monthly socials connecting young lawyers from all over Wake County. It is a great way to complement each firm or agency’s own summer program, by providing a venue to meet clerks, attorneys from other firms and groups as well as local judges.

monthly ylD socials (business casual attire): • June 6 | Tyler’s Taproom (Seaboard Station, following the Summer Clerk program) 5:30 p.m.• July 11 | Place TBA 6 p.m.• August 1 | Place TBA 6 p.m.

*full summer yld registration is $30 per intern/clerk. Please complete this form and enclose a check payable to wcba-ylD (Memo: 2013 YLD Summer Clerk Registration) to: whitney von haam, executive Director, wake county bar association | P. o. box 3686, cary, nc 27519-3686.

Registration forms not requiring payment can be emailed or faxed to Whitney von Haam’s attention at [email protected] or 919-657-1564.

Page 8: May-June 2013 Bar Flyer

Wake bar flyer • may/june 2013 page 8

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Page 9: May-June 2013 Bar Flyer

Wake bar flyer • may/june 2013 page 9

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foUr wAys to AvoId thE fAtE of kodAkBY caMille stell

the law firMs that survive in coming years will be the ones that tend to the little details inside the office. But the ones that thrive will also keep an eye on the Big Picture. This truth is being revealed almost daily in the business arena, where corporations once seen as invincible are failing because they did not adapt to the changing world around them.

Last year, many articles were written and case studies done on the collapse of the film giant Kodak. How could this happen? How could the company that invented the first digital camera find itself forced to declare bankruptcy 30-some years later? Many experts came to the same conclusion – Kodak’s down-fall was its management’s inability to see digital photography as a disruptive technology and to plan accordingly.

It wasn’t that Kodak did not do its homework. Its own research concluded that digital photography had the potential to replace their film business and that they had approximately 10 years to prepare for the transition.

Kodak was armed with good information. What it failed to do was make the right strategic choices based on that information.

Smart law firms should take note.

the evolution of the legal services MarketJordan Furlong, author of the Law 21 blog, wrote a five-part series in December on the evolution of

the legal market. I recommend the articles for your review, but I am going to make a few of his major points here.

Furlong describes 4 stages to the legal market. Stage 1, the closed market, prevailed for most of the 20th century up until no later than 2008. The primary attribute of the closed market is that law is a pro-tected industry with one authorized, self-regulating provider – lawyers. Jobs increase out of proportion to demand for services, lawyers face no outside competition and they compete with each other in a gen-teel fashion. There is no pressure to innovate, there is little incentive to use technology and services are generally expensive.

We have now moved to Stage 2 – the breached market, Furlong says. The breached market began in about 2008 and Furlong anticipates it could last until 2016.

This stage is characterized by the economic upheaval that shattered the previous steady state of the legal market:

* Technology disrupts lawyers from traditional roles.* There are limited regulatory options against emerging competition (think Legal Zoom).* Firms cut positions to preserve profits.* Declining demand for lawyers leads to overcapacity in firms.* Law schools experience pressure from a poor job market, outraged graduates and bad publicity.In Stage 3, we will experience a fully open market. A small, high-value portion of legal work will be

reserved exclusively for lawyers. But many consumer legal services will shift from lawyers to non-lawyer providers, and much corporate work will shift from law firms to non-firm providers. In addition, most mid-size and large law firms will downsize dramatically and perhaps even close.

Non-lawyers will evolve rapidly in Stage 3 to fill in new gaps in the market and serve clients directly and as a result client access to legal services will never be greater.

stage 4 anD gooD newsSo far, so bad. But here comes the good news. Things get better in Stage 4. Much better. The legal

market will expand in exciting and unexpected ways in Stage 4.Here’s what Furlong has to say about it: *A combination of multiple providers and affordable prices will open up a huge, previously latent legal

market.

continueD pg. 10

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* Innovation in services greatly increase the range and depth of accessible legal work.

* Market expansion accelerates rapidly: law jobs rebound, ad-vances in systems and technology result in unprecedented levels of accuracy and efficiency in basic legal documents and processes.

* Routine legal work is subject to fierce competition; elite law firms - both solo and global giants – will thrive on high-quality, high-ly paid, mission critical work.

The successful lawyers will be strategists, counselors and trusted advisors to clients.

how to avoiD koDak’s fateWhat does this mean for you?It depends on where you are in your career. Many of you can

move along to the local bar announcements and not have to worry about Big Picture solutions. You have enough work and your clients aren’t demanding change. The rest of you should continue to read. Perhaps you are a recent graduate, you are in the early stages of your career or your investment portfolio doesn’t look as promising as it did a few years ago.

As you consider Furlong’s description of the legal market and where it is going, keep in mind that not everyone agrees with his as-sessment. Other strategists say while there has certainly been a dis-ruption, there is not enough evidence that this is going to have the same impact on your law practice that digital photography had on the film industry. Many factors will come into play: the size of your firm, the nature of your practice, where you live and work, and how the economic recovery across the country and in North Carolina pro-gresses.

A former Kodak employee, Vince Barabba wrote the book “The Decision Loom,” which provides guidance for businesses on how to effectively use market intelligence. Barabba says four things are nec-essary for smart corporate decision-making – and his advice applies to the legal profession as well:

1. Having a mindset that is open to change;2. Thinking and acting holistically – that is, understanding

from top to bottom how your firm currently operates, knowing what it does well and what it does not do so well, and staying up on news and trends that could impact the profession generally and your role in it specifically.

3. Being able to adapt to changing conditions;4. Making decisions using a variety of methods – or taking the

information you accumulate and use it for strategic decision making.The first item on the list is perhaps the most difficult. Change is

difficult. The idea that we should constantly be open to it makes us nervous – and it seems unnecessary if clients are continuing to visit us.

But Kodak’s customers continued to use their products and ser-vices – right up until the point that they didn’t.

other resourcesFurlong is not the only legal marketing expert who has gazed

into the crystal ball and seen the future of our profession.The blog series “Growth is Dead,” by lawyer and consultant

Bruce MacEwen - examines some of the same issues. It can be found in e-book format on his website, Adam Smith Esq. Another book that has lawyers talking is “The End of Lawyers? Rethinking the Nature of Legal Services” by Richard Susskind.

And there are always lively discussions going on in the ABA and NC Bar Association Law Practice Management sections. In fact, the theme of the January / February issue of the ABA Law Practice Mag-azine is “Reinventing Law Firms.” It includes an article on a North Carolina law firm, Morningstar, that is touting a new management style.

One thing all the experts agree on – change will happen whether we like it or not. Smart law firms will adapt and flourish by taking care of business at home while keeping a close eye on larger trends.

As the Big Picture continues to develop, you can take steps now to make sure your law firm remains in sharp focus and does not get cropped out. wBf

continueD froM pg. 9

the lunch with a lawYer prograM needs lawyers to have lunch with assigned-at-risk youths this summer. This year marks the nineteenth year of the program. The Lunch with a Lawyer is the longest running public service project of Wake County Bar Associa-tion–an informal mentorship program which aims to reach out to the minority community.

Lawyers volunteer to have a lunch with an assigned at risk youth during the summer and aim to create a positive role model for the youths in such an informal and casual setting as at the lunch. The encounter also provides an opportunity for the youths to meet with a professional and open their horizon in search of a career. Please take a moment to sign up at [email protected] or WCBA web site. All we need is your name and e-mail address. You will have

a youthful lunch companion at least once during the summer. You may never know this casual meeting may change one’s life forever for good.

We are sure, however, that the parents of the participating youths appreciate your willingness to do something good for their sons and daughters. Please take a moment and sign up for lunch with a youth this summer. wBf

19th AnnUAl lUnch wIth A lAwyEr progrAM nEEds yoUBY paul suhr, prograM coorDinator, wcBa puBlic service coMMittee

interested in joining the wake county real property lawyers

association? contact Maureen Miller at [email protected].

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congratulations to Jeff Monroe’s 2013 lawyer’s league team for winning the regular season and tournament titles. This vic-tory makes back-to-back championship seasons for Team Monroe.

With 80 attorneys participating, it was another great season with small, medium and big firms all represented, as well as governmen-tal and corporate attorneys and judges. The league is a good mix of “veteran” attorneys and new (often younger) attorneys with varying skill levels. Registration for next season will begin in late 2013. Con-tact Jason Tuttle at (919) 755-0025 or [email protected] for interest regarding the 2014 season. wBf

2013 fInAl lAwyEr’s BAskEtBAll lEAgUE stAndIngsBY Jason tuttle, league coMMissioner

2013 fInAl tEAM stAndIngs 1. team Jeff Monroe 6-1 2. team tom hennessey 5-2 3. team Jason tuttle 4-3 4. team geary knapp 3-4 5. team Matt lawless 3-4 6. team ashish sharda 3-4 7. team charles hunt 3-4 8. team lawrence cameron 1-6

the victorious team Monroe. players included (from left to right): richard haywood, B.J. kilgore, Ben thompson, Bo walker, will webb, lance fife, Justin apple, Matt vaughn and captain Jeff Monroe. not pictured: patrick Johnson.

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Wake bar flyer • may/june 2013 page 12

on March 7, more than 100 high school students and a dozen attorneys from the Wake County Bar Association, including Judge Jane Gray, District Attorney Colon Willoughby and WCBA President Tom Davis, attended the WCBA An-nual Rule of Law Program at Campbell Law School.

After a welcome from Interim Dean Keith Faulkner and opening remarks from President Davis, Craig Croom gave an exciting keynote speech on the importance of the Rule of Law, providing some of his own props (unloaded of course!). Students then went to a “working lunch” paired with volunteer attor-neys to create theatrical situations to vignettes relating to the First Amendment (Freedom of the Press), Second Amendment and Fourth Amendment.

The students then shared their skits with the entire group (to much amuse-ment), including the Rule of Law Panelists: Judge Jane Gray, District Attorney Willoughby and attorney Dayatra Matthews. The students were able to ask the panelists their thoughts on the Rule of Law, what it really means and why it is important. Their questions were to the point and thought-provoking, focusing on why the law is the way it is and why it should matter to them.

This program, created by Justice Mark Martin of the N.C. Supreme Court and Orage Quarles, publisher of the “Raleigh News and Observ-er,” has taken off and become quite the success thanks to the outstanding volun-teer spirit within the WCBA. wBf

rUlE of lAw progrAM…A rUlIng sUccEssBY nicolette fulton, rule of law coMMittee chair, wcBa puBlic service coMMittee

students put the rule of law into practice by creat-ing skits based on the Bill of rights. the skit pic-tured above dealt with the right to bear arms.

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Wake bar flyer • may/june 2013 page 13

josEph BrAnch profEssIonAlIsM AwArd

“It should be remembered that the practice of law is a profession and not a business. Law, like the ministry, medicine and teaching, must be service oriented rather than profit inspired. In-tegrity is an absolute: any compromise is unacceptable and civility is an essential with adver-saries, clients,the Bench and Bar. The lack of civility renders the practitioner non-professional.”

With the above in mind, the Joseph Branch Professionalism Award Committee requests nominationsfor the 2013 Award. Those nominated should have 25 years of active practice in the law.

Nominee’s Name: _______________________________________________________________________Business Address: _______________________________________________________________________General Description of Nominee’s Practice: ___________________________________________________Contributions, in General, to the Practice of Law: ____________________________________________________________________________________________________________________________________Service to Clients: _____________________________________________________________________________________________________________________________________________________________Service to Community: _________________________________________________________________________________________________________________________________________________________Service to Bar and Relationships with Lawyers: _______________________________________________________________________________________________________________________________________Quality of Legal Product: ________________________________________________________________________________________________________________________________________________________Reputation Among Peers: _______________________________________________________________________________________________________________________________________________________Ethical Standards: _____________________________________________________________________________________________________________________________________________________________Role Model for Lawyers and Citizenship: ___________________________________________________________________________________________________________________________________________(Please use a separate sheet for additional comments)Nominator’s Name: _____________________________________________________________________Address: ______________________________________________________________________________Telephone Number: _____________________________________________________________________

You may be contacted by a member of the Professionalism Award Committee. All communications will be kept confidential.

Professionalism Award NominationEither email to Whitney von Haam at [email protected]

or send to: P. O. Box 3686Cary, NC 27519-3686

nominations Due by august 30, 2013

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